Rule 11 Documents required to be verified by a statement of truth

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 11(3)(a) omitted by Court of Protection 2015 rule 11(b)(i)
rule 11(3)(c) semi-colon substituted for comma by Court of Protection 2015 rule 11(b)(ii)
rule 11(3)(d) inserted by Court of Protection 2015 rule 11(b)(iii)
rule 11(4)(a) words substituted by Court of Protection 2015 rule 11(c)
rule 11(6) words substituted by Court of Protection 2015 rule 11(d)
rule 11(1)(a) words substituted by Court of Protection 2015 rule 11(a)

(1)

The following documents must be verified by a statement of truth—

(a)

a permission form, an application form or an application notice, where the applicant seeks to rely upon matters set out in the document as evidence;

(b)

a witness statement;

(c)

a certificate of—

(i)

service or non-service; or

(ii)

notification or non-notification;

(d)

a deputy’s declaration; and

(e)

any other document required by a rule or practice direction to be so verified.

(2)

Subject to paragraph (3), a statement of truth is a statement that—

(a)

the party putting forward the document;

(b)

in the case of a witness statement, the maker of the witness statement; or

(c)

in the case of a certificate referred to in paragraph (1)(c), the person who signs the certificate,

believes that the facts stated in the document being verified are true.

(3)

If a party is conducting proceedings with a litigation friend, the statement of truth in—

(a)

a permission form;

(b)

an application form; or

(c)

an application notice,

is a statement that the litigation friend believes the facts stated in the document being verified are true.

(4)

The statement of truth must be signed—

(a)

in the case of a permission form, an application form or an application notice—

(i)

by the party or litigation friend; or

(ii)

by the legal representative on behalf of the party or litigation friend; and

(b)

in the case of a witness statement, by the maker of the statement.

(5)

A statement of truth which is not contained in the document which it verifies must clearly identify that document.

(6)

A statement of truth in a permission form, an application form or an application notice may be made by—

(a)

a person who is not a party; or

(b)

two or more parties jointly,

where this is permitted by a relevant practice direction.